Usbekistan Länderbericht Archiv

Uzbekistan - annual report 2018

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Published: July 29, 2019
Study trip to Germany by the General Prosecutor’s Office of the Republic of Uzbekistan on how to strengthen institutional capacities and to share views on juvenile criminal law and policy to combat corruption: Evgeny Kolenko (centre), Director of the Academy at the General Prosecutor’s Office; Dr Stefan Tratz (on the right), Director of the German Judicial Academy
Study trip to Germany by the General Prosecutor’s Office of the Republic of Uzbekistan on how to strengthen institutional capacities and to share views on juvenile criminal law and policy to combat corruption: Evgeny Kolenko (centre), Director of the Academy at the General Prosecutor’s Office; Dr Stefan Tratz (on the right), Director of the German Judicial Academy

Strategic Framework

Legal Policy Starting Point

In office since the end of 2016, President Shavkat Mirsiyoyev has ordered sweeping reforms in many areas that he is seeking to implement quickly: development of the state system; increase in the efficiency of public administration; social security; economic development; and establishment of external trade relations. After many years of isolation, Uzbekistan is facing up to the challenges of economic and cultural globalisation and is opening itself through a change in political discourse, privatisation and liberalisation of the economy. The release of political prisoners, the creation of a petition system and respect for the rights of migrant workers are merely a few examples of this clearly noticeable transformation. Uzbekistan has also achieved perceptible rapprochement in the previously tense relationships with its neighbouring states. Moreover, the country is making active efforts to attract foreign investments and technologies, as well as to create a more attractive image as a tourist destination.

The area of rule of law and judiciary is privileged and is ranked second in the development strategy. Transition processes that have already been initiated include modernisation of the general jurisdiction, strengthening of the independence of the judiciary, improvements in substantive and procedural law within civil, criminal and administrative law, as well as basic and further training in law and support for the legal professions. Measures have been introduced to combat excessive bureaucracy and corruption, to implement restructuring, to establish a Council of Judges to bolster judicial self-governance and to make new appointments to key positions within the judiciary.

2018 was The Year of Support to Active Entrepreneurship, Innovative Ideas and Technologies in Uzbekistan, which radiated into the legal sector as well. In response, the World Bank classified Uzbekistan as one of the 10 most active reform states.

This fresh impetus is impacting positively on the country‘s international relations. A significant intensification is noticeable at leadership and working level and is expressed in a lively and at times very high-level stream of visitors.

Overall Concept

The ten-year anniversary of cooperation with the Republic of Uzbekistan was a particular feature of the reporting year. The IRZ started cooperation with Uzbekistan in 2008 as the first country in Central Asia. The aim was to provide advice on building the rule of law and strengthening democratic structures. Partners over the last ten years have included key judicial entities such as the Ministry of Justice and associated institutions, the General Prosecutor’s Office, courts, the State University of Law, various academic institutes and others. Overall, the IRZ has built trusting and stable relationships by implementing numerous measures in a wide range of formats – specialist seminars in both countries, study trips, practical workshops, dispatch of experts to conferences and others. Moreover, a European consortium led by the IRZ carried out an extensive EU project on implementation of the initiated criminal law reforms from 2011 to 2015.

This decade of the IRZ‘s cooperation in the country was taken as the occasion for a high-level delegation of the Federal Ministry of Justice and Consumer Protection (BMJV) and the IRZ to visit Uzbekistan in November 2018, led by Christian Lange, Member of the Bundestag and Parliamentary State Secretary to the Federal Minister of Justice and Consumer Protection and Vice President of the IRZ Board of Trustees. Seeking to acknowledge the cooperation so far and to strengthen it for the future, the IRZ hosted a conference on the challenges of modern criminal justice on 14 November 2018, as well as a ceremony marking the anniversary. High-level representatives of the Uzbek judiciary took part in both events.

Criminal law remains one of the priorities in the cooperation with partners, especially with the General Prosecutor’s Office; this aspect was also reflected in the anniversary conference. At the event, Uzbek experts provided the participants with some insight into the current reform projects within criminal law and criminal procedure law in Uzbekistan. Other important topics included the guarantee of fundamental rights in criminal law and criminal procedure law, as well as measures to bolster the role of defence lawyers in criminal proceedings. The exchange of views during a subsequent panel discussion centred around means of simplifying and accelerating criminal proceedings, as well as on the digitisation of investigative and criminal proceedings.

The long-standing, trusting cooperation between the IRZ and the General Prosecutor’s Office culminated in a Memorandum of Understanding, which was signed during the visit.

An interactive series of events in the form of a moot court on criminal law and criminal procedure law was continued at the State University of Law in Tashkent in order to train legal methodologies. The purpose of the event was to practice with the students the implementation of criminal law standards, as well as to compare and analyse the order of criminal proceedings in Uzbekistan and Germany. Students were asked to participate actively by assuming all the different roles in the fictitious trial and hence received particularly illustrative instruction in the application of the law and the importance of procedural law.

The still young Legislation and Parliamentary Research Institute within parliament co-hosted a joint seminar of GIZ and the IRZ attended by German colleagues from the Bundestag and Bundesrat addressing issues of civic participation in the legislative process, formal legal requirements placed in laws, questions of interpretation, as well as regulatory impact assessments for laws.

Foci of Activity in 2018

Public Law

  • Cooperation in the seminar on legislative processes and legislation technique in cooperation with the GIZ and the Centre for Legislation at the parliament in Tashkent

Criminal Law and Penitentiary Law

  • Study trip to Germany for representatives of the General Prosecutor’s Office on how to strengthen institutional capacities and to share views on juvenile criminal law and policy to combat corruption
  • Practical seminar for techniques of case resolution, including moot court proceedings in criminal law and criminal procedure law for students and lecturers at the State University of Law in Tashkent
  • Lecture and discussion forum at the Academy of the General Prosecutor’s Office in March in Tashkent on the basics of German criminal law and criminal procedure law
  • Conference in Tashkent on the challenges of modern criminal justice with the General Prosecutor’s Office, followed by anniversary celebrations marking 10 years of bilateral cooperation in November

Outlook

The IRZ will continue to work with its current partners, prioritising criminal law and criminal procedure law. The close and successful cooperation with the General Prosecutor’s Office and the Academy of the General Prosecutor’s Office will be strengthened as well. There are also plans to hold events with the Ministry of Justice and the State University of Law, as well as the Lawyers‘ Further Training Centre at the Ministry of Justice, all of whom are long-standing partners of the IRZ.

Cooperation with the panel of judges on administrative disputes at the Supreme Court of the Republic of Uzbekistan is scheduled in the form of training courses for judges in the newly created field of administrative court jurisdiction. In this context, practical elements of basic and further training in the legal professions will be integrated in particular.

Expertise with practical relevance will remain in the focus of all measures and their contents in the coming year as well.

 

Uzbekistan – annual report 2020

Details
Published: September 8, 2021
The Head of the Anti-Corruption Coordination Department of the General Prosecutor’s Office of the Republic of Uzbekistan and moderator of the event Latif Zhalov (centre) presents the certificates of participation at the end of the hybrid seminar
The Head of the Anti-Corruption Coordination Department of the General Prosecutor’s Office of the Republic of Uzbekistan and moderator of the event Latif Zhalov (centre) presents the certificates of participation at the end of the hybrid seminar

Strategic Framework 

Legal Policy Starting Point 

Uzbek President Mirziyoyev has maintained his course of openness, modernisation and liberalisation since taking office in 2016, allowing the country to emerge from its prolonged period of isolation. The organisation of what the president called “the first free parliamentary elections” in late 2019 was welcomed around the world. International observers confirmed greater openness among the Uzbek authorities and improved access to documentation of the electoral processes. Members of the newly elected parliament subsequently became more self-confident, adopting a critical stance toward government institutions and addressing regulations for a nuanced right to ask questions of the government.

The transformation process is mainly intended to enable transition to a digital economy, improvement of the social system and expansion of the education sector, accompanied by a large-scale digitisation campaign. Fittingly, 2020 was declared the “Year of Development of Science, Education and the Digital Economy”. As accompanying measures, reforms in the judiciary and the amendment of the legal system are being pursued, with increased importance assigned to measures combating corruption. Aside from the recent anti-corruption law, government programmes have been developed and comprehensive measures to prevent corruption are being implemented, among them a compliance system in the public sector and a roadmap to curb the shadow economy. With the establishment of the Anti-Corruption Agency in June 2020, a specially authorised body was created to advance the strategy for preventing and combating corruption through systematic root cause analysis. This institution reports to the president and is accountable to the parliament.

The sweeping reforms pose major challenges to all agencies of state authority. This is because the control mechanisms instilled in the past are still applied and frequently lead to an overreach of power. On a positive note, these issues have provoked a public discussion, also in parliament, and measures to prevent this kind of overreach have since been taken.

Uzbekistan was severely affected by the COVID-19 pandemic and the government established a very large anti-crisis fund to deal with the social and economic repercussions.

As a member of the UN Human Rights Council from 2021 to 2023, Uzbekistan will continue its efforts to be perceived as a state operating according to democratic principles.

Overall Concept

Cooperation with the various IRZ partners was impeded by the COVID-19 pandemic, necessitating a degree of adjustment both in regard to the scope and the format of planning activities. As a result, the advice of the General Prosecutor’s Office on criminal law has continued, and cooperation with the Legislation Institute at the Parliament was widened to include new topics.

In the context of criminal law reform, IRZ assisted in drawing a doctrinal line between criminal law and the law of regulatory offences and related administrative and judicial proceedings. Advice was also given on the decriminalisation of certain offences, the criminal liability of legal persons and sanctions under economic criminal law, as well as the introduction of IT-supported procedures (e.g. e-file).

Regrettably, cooperation with the Supreme Court on implementing the Administrative Procedure Code and application of the Administrative Procedure Act had to be postponed to the coming year.

Focus of Activity in 2020

Public Law 

  • Online exchange of experience on parliamentary controls with the Legislation Institute at the Parliament in Tashkent

Criminal and Penitentiary Law

  • Online seminar “Current reforms in criminal law, criminal procedure law and regulatory offence law” with the Academy of the General Prosecutor’s Office of the Republic of Uzbekistan in Tashkent
  • Online workshop “Prevention of and fight against corruption” with the General Prosecutor’s Office of the Republic of Uzbekistan
  • Online workshop “Asset recovery” with the General Prosecutor’s Office of the Republic of Uzbekistan

Outlook

The reorientation initiated in 2016 is a long-term process and will continue to require advice on various legal areas in the future. IRZ will continue its cooperation in the field of public law and substantive and procedural criminal law. Moreover, there are tentative plans for a contribution to optimising basic and further legal training as one of several large-scale government initiatives.

Uzbekistan - annual report 2019

Details
Published: July 1, 2020
Participants of the seminar on legislative processes and legislation technique with the Legislation and Parliamentary Research Institute in Tashkent: Rakhim Khakimov (centre), Director of the Institute, and Gudrun Grieser (to the left), member of the National Regulatory Control Council and former Lord Mayor of Schweinfurt
Participants of the seminar on legislative processes and legislation technique with the Legislation and Parliamentary Research Institute in Tashkent: Rakhim Khakimov (centre), Director of the Institute, and Gudrun Grieser (to the left), member of the National Regulatory Control Council and former Lord Mayor of Schweinfurt

Strategic Framework

Legal Policy Starting Point

The mood has been buoyant in Uzbekistan since President Mirsijojev took office at the end of 2016. The comprehensive reform agenda 2017–2021 is being implemented at a dizzying pace, accompanied by massive personnel upheavals and tangible pressure on state institutions to deliver rapid results. Despite the indisputable change in all areas, the political system remains centralist, nonetheless. The dynamic speed of reform is testing both – state structures and civil society – to their limits. In addition, internal processes are taking place that lay bare numerous contradictions and power struggles.

To a large extent, this political reorientation has enabled Uzbekistan to overcome its years of regional isolation. The intention is to achieve economic upswing by opening the country to investors and strengthening foreign trade. The new ministry created specifically for this purpose is tasked with the significant facilitation of imports and exports and the liberalisation of foreign trade. Also, after a 15-year interruption in the application process, accession to the World Trade Organisation (WTO) is again in the pipeline.

Progress is equally evident in the rule of law, with an increase in the number of acquittals by Uzbek courts and prominent releases from prison. Independence of the judiciary, strengthening of the administration of justice, modernisation – including the digitalisation of judicial and administrative structures – improved quality of legislation and policy to combat corruption remain the declared objectives of the comprehensive reform project in the judicial system.

In May 2019, the Council of the EU presented its vision for a renewed partnership with Central Asia and updated its strategy for engagement in the region. German-Uzbek development cooperation was substantially expanded in 2019 in line with the newly defined goals of the EU Central Asia Strategy and in recognition of the country‘s reorientation of domestic and foreign policies. The encouraging trend was underscored by high-level political visits during the reporting year.

Overall Concept

IRZ has noted an increased need for counselling in connection with judicial reforms. IRZ‘s advisory activities aim to foster progress in many of the initiated reform processes within the judiciary and court system and to counsel the key stakeholders.

Within this context, cooperation was intensified with the relatively new Legislation and Parliamentary Research Institute, with priorities placed on regulatory impact assessment and academic support of the legislative procedure. This enabled questioning of the Uzbek side‘s ideas on how to proceed in the evaluation of legal norms and the substantiation of approaches for improvement based on relevant aspects and applied methods using examples from German practice.

The judges at the administrative courts, which were established in 2017, lack both experience in conducting administrative proceedings, as well as specialised expertise in the legal application of the Code of Administrative Court Procedure and the Administrative Procedure Act, which came into force in 2019. IRZ advised the Supreme Court in this regard, focusing on procedural principles, types of action and preliminary legal protection.

For the first time representatives from the Uzbek Association of Judges took part in the annual conference of the Memorandum Group of several national associations of judges, which IRZ organised in Bonn in cooperation with the German Judges Association. The forum offered Uzbek participants the opportunity to establish regional and supraregional contacts and to participate in the lively exchange of expertise on international cooperation in civil and criminal matters.

Furthermore, IRZ advised the Uzbek Academy of the General Prosecutor‘s Office on the reforms in criminal and criminal procedure law and on the amendment of the Code of Regulatory Offences.

Focus of Activity in 2019

Public Law

  • Seminar on legislative processes and legislation technique with the Legislation and Parliamentary Research Institute in Tashkent
  • Study trip to Germany by the Uzbek Legislation and Parliamentary Research Institute on principles and procedures for evaluating legislation and regulatory impact assessment
  • Training for administrative judges on practical issues of administrative procedure in Tashkent
  • Participation in the International Conference of the Supreme Court of the Republic of Uzbekistan on administrative procedure and administrative court jurisdiction in Tashkent

Criminal Law and Penitentiary Law

  • Seminar and exchange of experience on current reforms in criminal and criminal procedure law with the Academy at the General Prosecutor‘s Office of the Republic of Uzbekistan in Tashkent
  • Round table on current reforms in criminal and criminal procedure law and on the amendment of the Code of Regulatory Offences with the Academy at the General Prosecutor‘s Office of the Republic of Uzbekistan in Tashkent
  • Participation in the conference marking the 1st anniversary of the Academy at the General Prosecutor‘s Office in Tashkent

Outlook

IRZ plans to continue cooperation in the priority areas of public law, criminal law and criminal procedure law. In doing so, it would like to keep advising its established cooperation partners with the inclusion of practical content. The need for counselling on the application of the law will remain very high with the development of administrative court jurisdiction and the amendment of substantive and procedural criminal law standards.